US Patent Application : Information Disclosure Statement (IDS)

Question
What is the deadline to submit an Information Disclosure Statement (IDS) having details of the "information that is material to the patentability" for a given U.S. patent application.

Answer
The rules for when an Information Disclosure Statement (IDS) must be filed are somewhat complicated. As a general rule, an IDS can be filed at any time during the U.S. patent prosecution. The question is whether a fee must be paid when the IDS is filed. The fee is $180, and this fee is charged in situations where the IDS submission forces the Patent Examiner to re-evaluate the invention. Here is a summary of the rules:

1. There is no fee if an IDS is submitted within three months of the filing date of the U.S. patent application.

2. There is no fee if the IDS is submitted before a first Office Action is mailed out by the Patent Office.

3. There is no fee if the information for the IDS was received for a corresponding application from another patent office, and the IDS is submitted within three months of receiving the information.